Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms Queensland's workers' compensation scheme based on a five-yearly independent review. It strengthens rehabilitation and return-to-work requirements, expands cancer coverage for firefighters, creates faster weekly payments for injured workers, introduces new enforcement tools, and lays groundwork for future gig worker coverage. It also increases flexible parental leave and adds superannuation as a Queensland employment standard.
Who it affects
Injured workers benefit from faster payments, better rehabilitation planning, and clearer rights. Firefighters gain easier access to compensation for 10 additional cancers. Employers and insurers face significantly higher penalties for failing to meet their obligations.
Workers' compensation reform
Major changes to the Workers' Compensation and Rehabilitation Act 2003, implementing 26 legislative recommendations from the 2023 independent review of the scheme. The reforms focus on faster payments, better rehabilitation, stronger enforcement, and expanded firefighter cancer coverage.
- Injured workers with accepted claims receive a default payment of 55% of Queensland Ordinary Time Earnings while their full entitlement is calculated
- Return-to-work plans must be in place within 10 business days of a claim being accepted, with workers able to choose a different rehabilitation provider
- Ten additional cancers added to the presumptive disease list for firefighters, bringing the total to 22 recognised diseases
- Insurers must take reasonable steps to prevent secondary psychological injuries arising from physical injury claims
- Employers prohibited from offering benefits or causing detriment to discourage workers from claiming compensation
- Penalties significantly increased — up to 1,000 penalty units for insurers and 500 for employers who breach rehabilitation obligations
- New compliance notice system allows the Regulator to address breaches without going to court
- Framework created to extend workers' compensation to gig workers in the future via regulation, linked to Fair Work Commission determinations
Industrial relations updates
Amendments to the Industrial Relations Act 2016 to align Queensland's state industrial relations system with recent Commonwealth reforms, including parental leave and superannuation.
- Flexible parental leave increased from 30 to 100 unpaid days
- New unpaid late-term pregnancy leave available from 6 weeks before the expected birth date
- Employer superannuation contributions added as a Queensland Employment Standard
- Unpaid wages claims threshold increased from $50,000 to $100,000
Labour hire licensing
Minor amendments to the Labour Hire Licensing Act 2017 to improve human rights compatibility and enable electronic service of documents.
- Removed a provision that was incompatible with the right to a fair hearing under the Human Rights Act 2019
- Documents can now be served electronically by email or other methods prescribed by regulation
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 May 2021View Hansard
Referred to Education, Employment and Training Committee
The Education, Employment, Training and Skills Committee examined the bill over approximately seven weeks, receiving submissions from 17 stakeholders including unions, employer groups, legal bodies, and gig economy platforms. The committee recommended the bill be passed, while also recommending further consultation on proposed changes to appeal pathways for Queensland Industrial Relations Commission full bench decisions. The government accepted the passage recommendation and, in response to stakeholder concerns from the Queensland Law Society and Queensland Council of Unions, agreed to remove the QIRC appeal pathway clauses from the bill for further consultation.
Key findings (5)
- The bill would allow gig economy workers to be brought into the workers' compensation scheme if the Fair Work Commission makes minimum standards orders for regulated workers, following a recommendation from the 2018 scheme review.
- Stakeholders broadly supported extending workers' compensation coverage to gig workers, noting they are vulnerable to workplace injuries and unlikely to hold voluntary personal injury insurance.
- The Queensland Law Society and Queensland Council of Unions raised concerns about proposed changes to QIRC appeal pathways, leading the government to agree to remove those clauses.
- Amendments to the Labour Hire Licensing Act to allow electronic service of documents were generally supported, though the Local Government Association of Queensland flagged internet access issues in regional and rural areas.
- The committee received 17 submissions from organisations including DoorDash, Maurice Blackburn Lawyers, Master Builders Queensland, and the United Firefighters' Union Queensland.
Recommendations (2)
- The committee recommends the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2024 be passed.
- The committee recommends further consultation be undertaken with stakeholders on proposed amendments to the Industrial Relations Act 2016 relating specifically to the appeal pathways for full bench decisions of the Queensland Industrial Relations Commission.
Committee report tabled
▸Second Reading11 May 2021View Hansard
▸14 members spoke13 support1 mixed
Supports the workers compensation reforms, noting the Queensland WorkCover system is excellent and endorsing the 54 recommendations from the 2023 review.
“In conclusion, this side of the House approves of the bill.”— 2024-08-22View Hansard
As Minister, introduced and commended the bill, highlighting nation-leading workers compensation reforms including expanded deemed diseases for firefighters, gig worker protections, enhanced rehabilitation requirements, and CFMEU administration amendments.
“Queensland's workers compensation scheme provides nation-leading coverage and benefits to support injured workers and their families at the lowest possible cost to Queensland employers.”— 2024-08-21View Hansard
Strongly supports the bill as Minister for Fire and Disaster Recovery, highlighting the expansion of presumptive cancer provisions for firefighters and Rural Fire Service volunteers to include 10 additional diseases.
“These changes will mean Queensland firefighters will have the most comprehensive list of deemed diseases of all workers and jurisdictions in the country.”— 2024-08-22View Hansard
Strongly supported the bill, particularly the expansion of deemed diseases for firefighters, speaking at length about the traumatic work firefighters undertake and the importance of ensuring they can access workers compensation quickly.
“It is strange that we still refer to them as 'firefighters', because we know that their role is so much more than fighting fires.”— 2024-08-22View Hansard
Supported the workers compensation bill including expanded deemed diseases for firefighters and protections against employers circumventing the compensation process. Also supported the CFMEU administration amendments but foreshadowed his own amendment to require 24-hour notice for entry permit holders.
“The LNP will be supporting the workers compensation bill as it goes through tonight. There are some good amendments in there.”— 2024-08-21View Hansard
Supported the bill, particularly the extension of workers compensation to gig economy workers, while criticising the parliament for having allowed Uber to disrupt the regulated taxi industry without worker protections in the first place.
“Now we have this legislation before us. Funnily enough, in the first place some of the arguments around Uber were about removing regulation and legislation to let the market open right up. Here we are, about six or seven years later, debating regulation and legislation around workers compensation to try to protect those workers.”— 2024-08-22View Hansard
Supported both bills, thanking rural fire brigades in her electorate and highlighting the additional protections for firefighters as fantastic.
“I think the additional protections the bill will provide our firefighters are fantastic.”— 2024-08-22View Hansard
Spoke in support of the bill's reforms to psychological injury support, basic weekly payments for injured workers, expanded deemed diseases for firefighters from 12 to 22, and workers' rights to choose treating practitioners and rehabilitation providers.
“I congratulate the Premier and the minister for this nation-leading reform. It responds to scientific evidence that occupational exposure in the firefighting profession is carcinogenic to humans.”— 2024-08-21View Hansard
As Minister, supported the bills and explained the provisions for gig workers would allow coverage once the federal Fair Work Commission makes determinations about worker status.
“We will be acting as soon as we can to get a consistent national approach. If they want to be independent contractors and the commission deems they are independent contractors, then they do not meet the definition of worker. Should that be reversed, we then have the ability to go in and cover them.”— 2024-08-22View Hansard
Supported the bill, defending the role of unions in protecting workers' rights and praising the government's record on worker safety since 2015.
“There is strength in collectiveness of workers when looking after their rights and making sure that workers are protected.”— 2024-08-22View Hansard
Acknowledged advantages in the bill while opposing provisions that enhance union entry powers and photography rights on worksites, arguing the Labor government has a conflict of interest in legislating benefits for affiliated unions.
“The LNP would never be party to the expansion of nefarious powers such as being able to take photographs in contested industrial environments and not have to erase them.”— 2024-08-21View Hansard
Supported the bill's expansion of deemed diseases for firefighters from 12 to 22, including recognition of cancers affecting female firefighters, and amendments to the Labour Hire Licensing Act.
“The Queensland system is recognised as one of the leaders in the nation and this government is committed to maintaining that standard.”— 2024-08-21View Hansard
Supported the bill's extension of workers compensation to gig workers, enhanced rights for workers to choose treating doctors and rehabilitation providers, expanded deemed diseases for firefighters, and requirement for employers to provide information statements at commencement of employment.
“It is only when workers are taken care of that we can continue to build our economy and provide a workforce that industry and business need to ensure their success and that of our state.”— 2024-08-21View Hansard
Supported the bill's presumptive legislation for firefighters and extension of workers compensation to gig workers, drawing on his 25 years of experience as a union official to argue for the importance of proper compensation for all workers.
“Our No. 1 priority is that there is no injury or death at work. In the terrible situations where that occurs, we must ensure there is proper compensation.”— 2024-08-21View Hansard
Assent date: 20 May 2021